@ScottLucas Hello #Rubio! Why do you think the #Ukrainians have been talking about #SecurityGuarantees so much?

@ned

#WarInUkraine #FediLaw #Legal
#USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you

(6/6)

...no, #ChuckHobbs, a quick research would have shown you that your claim that the document were legally binding is incorrect.

This mere, disproven assumption, is, alas, wishful thinking.

//

1)
https://en.m.wikipedia.org/wiki/Budapest_Memorandum

@ned

#WarInUkraine #FediLaw #Legal
#USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you

(5/n)

...future security assurances that are offered in exchange for nonproliferation commitments.[53]

Regardless, the United States publicly maintains that "the Memorandum is not legally binding", calling it a "political commitment".[23]..." 1)

So,...

@ned

#WarInUkraine #FediLaw #Legal
#USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you

(4/n)

...has a requirement of consultation among the parties "in the event a situation arises that raises a question concerning the ... commitments" set out in the memorandum.[52]

Whether or not the memorandum sets out legal obligations, the difficulties that #Ukraine has encountered since early 2014 may cast doubt on the credibility of...

@ned

#WarInUkraine #FediLaw #Legal
#USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you

(3/n)

...the #US, neither the #GeorgeHWBush administration nor the #Clinton administration was prepared to give a military commitment to #Ukraine, and they did not believe the #US Senate would ratify an international treaty and so the memorandum was adopted in more limited terms.[51]

The memorandum...

@ned

#WarInUkraine #FediLaw #Legal
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you

(2/n)

...devoid entirely of legal provisions. It refers to assurances, but unlike guarantees, it does not impose a legal obligation of military assistance on its parties.[2][51]

According to #StephenMacFarlane, a professor of international relations, "It gives signatories justification if they take action, but it does not force anyone to act in Ukraine."[50]

In...

@ned

#WarInUkraine #FediLaw #Legal #USpol #GeoPol
#BudapestMemorandum

#SecurityAssurances are not #SecurityGuarantees, I assure you

(1/n)

#ChuckHobbs used to be a trial lawyer, not an expert in international law.

I wish it were different, but the legal dimension regarding the #BudapestMemorandum is the subject of scholarly disagreement. It is NOT unquestionably legally binding. I wish it were different:

"...it is not entirely clear whether the instrument is...